Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35319 of 2021 Arising Out of PS. Case No.-756 Year-2020 Thana- ARARIA District- Araria ====================================================== MANJU DEVI W/O SHAHDEO PRASAD YADAV RESIDENT OF VILLAGE MAYABIGHA, P.S.-MASAURHI, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending her arrest in Special Case No. 762 of 2020 arising out of Araria (R.S.) P.S. Case No. 756 of 2020 registered for the offence under Sections-30(a) & 36 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 8000 liters spirit is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.35319 of 2021(2) dt.10-08-2021 2/3 petitioner. The petitioner has been falsely implicated in the present case. It is alleged that 8000 liters spirit is recovered from the truck. The petitioner is said to be owner of the said truck. The petitioner had no knowledge regarding the goods, booked by the transporter. The petitioner is a lady. She is not named in the FIR. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Araria in connection with Special Case No. 762 of 2020 arising out of Araria (R.S.) P.S. Case No. 756 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.35319 of 2021(2) dt.10-08-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T